Saji Koduvath, Advocate, Kottayam.
Right, Title and Interest Constitute a Legal Triplet
Right, Title and Interest constitute a legal triplet.* It signifies ownership. It is used in drafting deeds of transfer to denote ‘anything and everything’ in a property.
- * Like – ‘signed, sealed and delivered’; ‘rest, residue and remainder’; ‘if, as and when’.
Right, Title and Interest
- ‘Right’ stands for ‘legal right’ in a property.
- ‘Title’ bespeaks legal recognition of ‘ownership’ in a property.
- ‘Interest’ manifests outcome of ownership with ‘right and title’, including enjoyment in all and whatsoever manner.
In short, each of the upshot of the triplet, ‘Right, Title and Interest’, enunciates same thing when used in property dealings, though they are not synonyms in language and in jurisprudence.
See Blog: ‘Title’ and ‘Ownership’ in Indian Law
Read in this Cluster (Click on the topic):
Book No, 1 – Civil Procedure Code
- Civil Rights and Jurisdiction of Civil Courts
- Res Judicata and Constructive Res Judicata
- Order II, Rule 2 CPC – Not to Vex Defendants Twice
- Pleadings Should be Specific; Why?
- PLEADINGS IN ELECTION MATTERS
- Law on Summons to Defendants and Witnesses
- Notice to Produce Documents in Civil Cases
- Production of Documents: Order 11, Rule 14 & Rule 12
- Sec. 91 CPC and Suits Against Wrongful Acts
- Remedies Under Sec. 92 CPC
- Mandatory Injunction – Law and Principles
- INJUNCTION is a ‘Possessory Remedy’ in Indian Law
- Interrogatories: When Court Allows, When Rejects?
- Decree in OI R8 CPC-Suit & Eo-Nomine Parties
- Pecuniary & Subject-Matter Jurisdiction of Civil Courts
- Transfer of Property with Conditions & Contingent Interests
- INJUNCTION is a ‘Possessory Remedy’ in Indian Law
- Doctrine of Substantial Representation in a Suit by or against an Association
- Who are Necessary Parties, Proper Parties and Pro Forma Parties in Suits
- What is Partnership, in Law? How to Sue a Firm?
- ‘Legal Representatives’, Not ‘Legal Heirs’ to be Impleaded on Death of Plaintiff/Defendant
- Powers and Duties of Commissioners to Make Local Investigations, Under CPC
Power of attorney
- No Adjudication If Power of Attorney is Sufficiently Stamped
- Notary Attested Power-of-Attorney Sufficient for Registration
- Permission when a Power of Attorney Holder Files Suit
Title, ownership and Possession
- Title and Ownership in Indian Law
- Does ‘Abandonment’ Give rise to a Recognised Right in Indian Law?
- POSSESSION is a Substantive Right in Indian Law
- Adverse Possession: An Evolving Concept
- Adverse Possession: Burden to Plead Sabotaged
- When ‘Possession Follows Title’; ‘Title Follows Possession’?
- Ultimate Ownership of All Property Vests in State; It is an Incident of Sovereignty.
- ‘Mutation’ by Revenue Authorities & Survey will not Confer ‘Title’
- Preemption is a Very Weak Right; For, Property Right is a Constitutional & Human Right
- Transfer of Property with Conditions & Contingent Interests
- INJUNCTION is a ‘Possessory Remedy’ in Indian Law
Principles and Procedure
- Will – Probate and Letters of Administration
- Best Evidence Rule in Indian Law
- Declaration and Injunction
- Pleadings Should be Specific; Why?
- Does Alternate Remedy Bar Civil Suits and Writ Petitions?
- Void, Voidable, Ab Initio Void, and Sham Transactions
- Can Courts Award Interest on Equitable Grounds?
- Natural Justice – Not an Unruly Horse
- ‘Sound-mind’ and ‘Unsound-Mind’
- Can a Party to Suit Examine Opposite Party, as of Right?
- Forfeiture of Earnest Money and Reasonable Compensation
- Doctrine of ‘Right to be Forgotten’ in Indian Law
- Who has to fix Damages in Tort and Contract?
- Admission, Relevancy and Proof
- Relevancy, Admissibility and Proof of Documents
- Proof and Truth of Documents
- Production, Admissibility & Proof Of Documents
- Modes of Proof – Admission, Expert Evidence, Presumption etc.
- Marking Documents Without Objection – Do Contents Proved
- Substantive Documents, and Documents used for Refreshing Memory and Contradicting
- Oral Evidence on Contents of Document, Irrelevant
Land Laws/ Transfer of Property Act
- Does ‘Pandaravaka Pattom’ in Kerala Denote Full-Ownership?
- Transfer of Property with Conditions & Contingent Interests
- Vested Remainder and Contingent Remainder
- Vested interest and Contingent Interest
- Ultimate Ownership of All Property Vests in State; It is an Incident of Sovereignty.
- Land Acquired Cannot be Returned – Even if it is Not Used for the Purpose Acquired
- ‘Mutation’ by Revenue Authorities & Survey will not Confer ‘Title’
- FERA, 1973 And Transfer of Immovable Property by a Foreigner
- Relevant provisions of Kerala Land Reforms Act in a Nutshell
- Land Tenures, and History of Land Derivation, in Kerala
- Government is the OWNER of (Leasehold) Plantation Lands in Kerala.
- Law on SUCCESSION CERTIFICATE and LEGAL HEIRSHIP CERTIFICATE
Evidence Act – General
- Expert Evidence and Appreciation of Evidence
- How to Contradict a Witness under Sec. 145, Evidence Act
- Rules on Burden of proof and Adverse Inference
- Best Evidence Rule in Indian Law
- Modes of Proof – Admission, Expert Evidence, Presumption etc.
- Significance of Scientific Evidence in Judicial Process
- Polygraphy, Narco Analysis and Brain Mapping Tests
- Sec. 65B
- Sections 65A & 65B, Evidence Act and Arjun Panditrao: in Nutshell
- Sec. 65B, Evidence Act: Arjun Paditrao Criticised.
- Sec. 65B Evidence Act Simplified
- ‘STATEMENTS’ alone can be proved by ‘CERTIFICATE’ u/s. 65B
- Sec. 65B, Evidence Act: Certificate for Computer Output
- Certificate is Required Only for ‘Computer Output’; Not for ‘Electronic Records’: Arjun Panditrao Explored.
- Law on Documents
- Time Limit for Registration of Documents
- Registration of Documents Executed out of India
- Are RTI Documents Admissible in Evidence as a ‘Public Documents’?
- Oral Evidence on Contents of Document, Irrelevant
- Marking Documents Without Objection – Do Contents Stand Proved?
- Proof of Documents & Objections To Admissibility – How & When?
- Notary-Attested Documents: Presumption, Rebuttable
- Presumptions on Registered Documents & Collateral Purpose
- Notice to Produce Documents in Civil Cases
- Production of Documents: Order 11, Rule 14 & Rule 12
- Modes of Proof – Admission, Expert Evidence, Presumption etc.
- Presumptions on Documents and Truth of its Contents
- Proof and Truth of Documents
- Secondary Evidence of Documents & Objections to Admissibility – How & When?
- 30 Years Old Documents and Presumption of Truth of Contents, under Sec. 90 Evidence Act
- Unstamped & Unregistered Documents and Collateral Purpose
- Marking Documents Without Objection – Do Contents Proved
- Production, Admissibility & Proof Of Documents
- Substantive Documents, and Documents used for Refreshing Memory and Contradicting
- Visual and Audio Evidence (Including Photographs, Cassettes, Tape-recordings, Films, CCTV Footage, CDs, e-mails, Chips, Hard-discs, Pen-drives)
- Relevancy, Admissibility and Proof of Documents
- No Adjudication Needed If Power of Attorney is Sufficiently Stamped
- Can an Unregistered Sale Agreement be Used for Specific Performance
Contract Act
- ‘Sound-mind’ and ‘Unsound-Mind’ in Indian Civil Laws
- Forfeiture of Earnest Money and Reasonable Compensation
- Who has to fix Damages in Tort and Contract?
- Can an Unregistered Sale Agreement be Used for Specific Performance
Easement
- What is Easement?
- Does Right of Easement Allow to ‘Enjoy’ After Making a Construction?
- What is “period ending within two years next before the institution of the suit”?
- Is the Basis of Every Easement, Theoretically, a Grant
- Extent of Easement (Width of Way) in Easement of Necessity, Quasi Easement and Implied Grant
- Can an Easement-Way be Altered by the Owner of the Land?
- Village Pathways and Right to Bury are not Easements.
- Custom & Customary Easements in Indian Law
- ‘Additional Burden Loses Lateral Support’ – Incorrect Proposition
Stamp Act
- Adjudication as to Proper Stamp under Stamp Act
- Unstamped & Unregistered Documents and Collateral Purpose
Will
- Interpretation of Inconsistent Clauses in a Will
- Will – Probate and Letters of Administration
- Executors of Will – Duties & their Removal
Book No. 2: A Handbook on Constitutional Issues
- Judicial & Legislative Activism in India: Principles and Instances
- Can Legislature Overpower Court Decisions by an Enactment?
- Separation of Powers: Who Wins the Race – Legislature or Judiciary?
- Kesavananda Bharati Case: Never Ending Controversy
- Mullaperiyar Dam: Disputes and Adjudication of Legal Issues
- Article 370: Is There Little Chance for Supreme Court Interference
- Maratha Backward Community Reservation: SC Fixed Limit at 50%.
- Polygraphy, Narco Analysis and Brain Mapping Tests
- CAA Challenge: Divergent Views
- FERA, 1973 And Transfer of Immovable Property by a Foreigner
- Doctrine of ‘Right to be Forgotten’ in Indian Law
- Religious issues
- Secularism and Art. 25 & 26 of the Indian Constitution
- Secularism & Freedom of Religion in Indian Panorama
- ‘Ban on Muslim Women to Enter Mosques, Unconstitutional’
- No Reservation to Muslim and Christian SCs/STs (Dalits) Why?
- Parsi Women – Excommunication for Marrying Outside
- Knanaya Endogamy & Constitution of India
- Sabarimala Review Petitions & Reference to 9-Judge Bench
- SABARIMALA REVIEW and Conflict in Findings between Shirur Mutt Case & Durgah Committee Case
- Ayodhya Disputes: M. Siddiq case –Pragmatic Verdict
Book No. 3: Common Law of CLUBS and SOCIETIES in India
- General
- Property & Trust
- Juristic Personality
- Suits
- Amendment and Dissolution
- Rights and Management
- Election
- State Actions
Book No. 4: Common Law of TRUSTS in India
- General Principles
- Dedication and Vesting
- Trustees and Management
- Breach of Trust
- Suits by or against Trusts
- Law on Hindu Religious Endowments
- Temples, Gurudwaras, Churches and Mosques – General
- Constitutional Principles
- Ayodhya and Sabarimala Disputes
- General
Saji Koduvath Associates 